The PUD Planned Unit Development District is established to
encourage and promote improved environmental design in the Village
of Kimberly by allowing for greater freedom, imagination and flexibility
in the development of land while ensuring substantial compliance with
the basic intent of the zoning ordinance and the general plan for
community development. The district allows diversification and variation
in the relationship of uses, structures, open spaces and heights of
structures in developments conceived and implemented as comprehensive
and cohesive unified projects. It is further intended to encourage
more rational and economic development in regard to public services
and encourage and facilitate preservation of open land.
This article contemplates that there may be a residential, commercial
or industrial planned unit development and mixed-compatible-use developments.
B.
Lot area, lot width, heights and yard requirements. In the PUD district,
there shall be no specific lot area, lot width, height, floor area
ratio, yard and usable open space requirements, but such requirements
as are made a part of an approved recorded precise development plan
shall be, along with the recorded plat itself, construed to be and
enforced as a part of this chapter.
C.
Permitted uses. Any use permitted in any of the other districts of this chapter may be permitted, subject to the criteria as established in § 525-39 following, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.
D.
Conditional uses. Any use allowed only as a conditional use in any of the other districts of this chapter may be permitted, subject to the criteria as established in § 525-39 following, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.
E.
Single parcel, lot or tract. Each PUD district shall be considered
as one tract, lot or parcel, and the legal description must define
said PUD as a single parcel, lot or tract and be so recorded with
the County Register of Deeds.
In the planned unit development district, signs shall be permitted
in accordance with the requirements of the sign regulations of the
Village, and such requirements as are made a part of an approved recorded
precise development plan shall be, along with the recorded plan itself,
construed to be and enforced as a part of this chapter.
In the PUD district, off-street parking facilities shall be
provided as set forth in an approved recorded precise development
plan, which shall be, along with the recorded plan itself, construed
to be and enforced as a part of this chapter.
The division of any land or lands within a planned unit development
for the purpose of change or conveyance of ownership may be accomplished
pursuant to the land division/subdivision regulations[1] of the Village when such division is contemplated.
As a basis for determining the acceptability of a planned unit
development district application to the Plan Commission and Village
Board, the following criteria shall be applied to the application
for such district with specific consideration as to whether or not
it is consistent with the spirit and intent of this chapter, is consistent
with the policies of the Village Comprehensive Plan, has been prepared
with professional advice and guidance, and produces significant benefits
in terms of environmental design:
A.
Character and intensity of land use. In a planned unit development
district, the uses proposed and their intensity and arrangement on
the site shall be of a visual and operational character, which:
(1)
Are compatible with the physical nature of the site with particular
concern for preservation of natural features, tree growth and open
space.
(2)
Would produce an attractive environment of sustained aesthetic and
ecologic desirability, economic stability and functional practicality
compatible with the general development plans for the area as established
by the community.
(3)
Would not adversely affect the anticipated provision for school or
other municipal services.
(4)
Would not create a traffic or parking demand incompatible with the
existing or proposed facilities to serve it.
B.
Economic feasibility and impact. The proponents of a planned unit
development district application shall provide evidence satisfactory
to the Plan Commission and Village Board of its economic feasibility,
of available adequate financing, and that it would not adversely affect
the economic prosperity of the Village or the values of surrounding
properties.
C.
Engineering design standards. The width of street rights-of-way,
width of paving, width and location of street or other paving, outdoor
lighting, location of sewer lines and waterlines, provision for stormwater
drainage or other similar environmental engineering consideration
shall be based on standards necessary to implement the specific function
in the specific situation; provided, however, in no case shall standards
be less than those necessary to ensure the public safety and welfare
as determined by the Village designated engineer.
D.
Preservation and maintenance of open space. In a planned unit development
district, adequate provisions shall be made for the permanent preservation
and maintenance of open space either by private reservation or dedication
to the public.
(1)
In the case of private reservation, the open area to be reserved
shall be protected against building development by conveying to the
Village as part of the conditions for project approval an open space
easement over such open areas, restricting the area against any future
building or use except as consistent with that of providing landscaped
open space for the aesthetic and recreational satisfaction of the
surrounding residences. Buildings or uses for noncommercial, recreational
or cultural purposes compatible with the open space objective may
be permitted only where specifically authorized as part of the development
plan or, subsequently, with the express approval of the Village Board
following approval of building, site and operational plans by the
Plan Commission.
(2)
The care and maintenance of such open space reservations shall be
assured by establishment of appropriate management organization for
the project. The manner of assuring maintenance and assessing such
cost to individual properties shall be included in any contractual
agreement with the Village and shall be included in the title to each
property.
(3)
Ownership and tax liability of private open space reservations shall
be established in a manner acceptable to the Village and made a part
of the conditions of the plan approval.
E.
Implementation schedule. The proponents of a planned unit development
district shall submit a reasonable schedule for the implementation
of the development to the satisfaction of the Village Board, including
suitable provisions for assurance that each phase could be brought
to completion in a manner which would not result in an adverse effect
upon the community as a result of termination at that point.
A.
Pre-petition conference. Prior to the official submission of the
petition for the approval of a planned unit development district,
the owner or his agent making such petition should meet with the Plan
Commission or its staff to discuss the scope and proposed nature of
the contemplated development.
B.
Petition for approval. Following the pre-petition conference, the
owner or his agent may file a petition with the Village Administrator
for approval of a planned unit development district. Such petition
shall be accompanied by a review fee of $25. The procedure for rezoning
to a planned unit development district shall be as required for any
other zoning district change under this chapter, except that, in addition
thereto, the following information shall be filed by the applicant
with the Village Administrator with the petition for rezoning:
(1)
Informational statement. A statement which sets forth the relationship
of the proposed PUD to the Village's adopted Comprehensive Plan, neighborhood
plan, or any adopted component thereof, and the general character
of and the uses to be included in the proposed PUD, including the
following information:
(a)
Total area to be included in the PUD, area of open space, residential
density computations, proposed number of dwelling units, population
analysis, availability of or requirements for municipal services and
other similar data pertinent to a comprehensive evaluation of the
proposed development.
(b)
A general summary of the estimated value of structures and site
improvement costs, including landscaping and special features.
(c)
A general outline of the organizational structure of a property
owners' or management association which may be proposed to be established
for the purpose of providing any necessary private services.
(d)
Any proposed departures from the standards of development as
set forth in the Village zoning regulations, land subdivision requirements,
other Village regulations or administrative rules, or other universal
guidelines.
(e)
The expected date of commencement of physical development as
set forth in the proposal and also an outline of any development staging
which is planned.
(f)
Appropriate statistical data on the size of the development,
residential density in the various parts of such development, ratio
of land uses, percentages of multifamily units by number of bedrooms,
economic analysis of the development, expected staging and any other
plans or data required by the Plan Commission or Village Board.
(2)
A general development plan, including:
(a)
A legal description of the boundaries of the subject property
included in the proposed PUD and its relationship to surrounding properties.
(b)
The location of public and private roads, driveways, sidewalks
and parking facilities.
(c)
The size, arrangement and location of any individual building
sites and proposed building groups on each individual site.
(d)
The location of institutional, recreational and open space areas
and areas reserved or dedicated for public uses, including schools,
parks and drainageways.
(e)
The type, size and location of all structures.
(f)
General landscape treatment.
(g)
The existing and proposed location of public sanitary sewer,
water supply facilities and stormwater drainage facilities.
(h)
The existing and proposed location of all private utilities
or other easements.
(i)
Characteristics of soils related to contemplated specific uses.
(j)
Existing topography on the site with contours at no greater
than two-foot intervals.
(k)
Anticipated uses of adjoining lands in regard to roads, surface
water drainage and compatibility with existing adjacent land uses.
(l)
If the development is to be staged, a staging plan.
(m)
A plan showing how the entire development can be further subdivided
in the future.
A.
Requirements. The Plan Commission, in making recommendations for
approval, and the Village Board, in making a determination approving
a petition for planned unit development, shall find as follows:
B.
Proposed construction schedule. The Plan Commission and Village Board,
in making their respective recommendation and determination, shall
consider the reasonableness of the proposed construction schedule
and any staging plan for the physical development of the proposed
PUD, commencement of the physical development within one year of approval
being deemed reasonable.
C.
Residential PUD considerations. The Plan Commission and Village Board,
in making their respective recommendation and determination as to
a proposed residential planned unit development, shall further consider
whether:
(1)
Such development will create an attractive residential environment
of sustained desirability and economic stability, including structures
in relation to terrain, consideration of safe pedestrian flow, ready
access to recreation space and coordination with overall plans for
the community.
(2)
The total net residential density within the planned unit development
will be compatible with the Village Comprehensive Plan, neighborhood
plan, or components thereof, and shall be compatible with the density
of the district wherein located.
(3)
Structure types will be generally compatible with other structural
types permitted in the underlying basic use district.
(4)
Provision has been made for the installation of adequate public facilities
and the continuing maintenance and operation of such facilities if
privately owned.
(5)
Provision has been made for adequate continuing fire and police protection.
(6)
The population density of the development will or will not have an
adverse effect upon the community's capacity to provide needed school
or other municipal service facilities.
(7)
Adequate guarantee is provided for permanent preservation of open
space areas as shown on the general development plan as approved either
by private reservation and maintenance or by dedication to the public.
D.
Commercial PUD considerations. The Plan Commission and Village Board,
in making their respective recommendation and determination as to
a proposed commercial planned unit development, shall further consider
whether:
(1)
The economic practicality of the proposed development can be justified.
(2)
The proposed development will be served by off-street parking and
truck service facilities in accordance with this chapter.
(3)
The proposed development shall be adequately provided with and shall
not impose any undue burden on public services and facilities, such
as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(4)
The locations of entrances and exits have been designated to prevent
unnecessary interference with the safe and efficient movement of traffic
on surrounding streets and that the development will not create any
adverse effect upon the general traffic pattern of the surrounding
neighborhood.
(5)
The architectural design, landscaping, control of lighting and general
site development will result in an attractive and harmonious service
area compatible with and not adversely affecting the property values
of the surrounding neighborhood.
E.
Industrial PUD considerations. The Plan Commission and Village Board,
in making their respective recommendations and determination as to
a proposed industrial planned unit development, shall further consider
whether:
(1)
The operational character and physical plant arrangement of buildings
will be compatible with the latest in performance standards and industrial
development design and will not result in an adverse effect upon the
property values of the surrounding neighborhood.
(2)
The proposed development shall be adequately provided with and shall
not impose any undue burden on public services and facilities, such
as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
(3)
The proposed development will include provision for off-street parking
and truck service areas in accordance with this chapter and will be
adequately served by easy-access rail and/or arterial highway facilities.
(4)
The proposed development is properly related to the total transportation
system of the community and will not result in an adverse effect on
the safety and efficiency of the public streets.
F.
Mixed-use PUD considerations. The Plan Commission and Village Board,
in making their respective recommendation and determination as to
a proposed mixed-use planned unit development, shall further consider
whether:
(1)
The proposed mixture of uses produces a unified composite which is
compatible with the zoning district and which, as a total development
entity, is compatible with the surrounding neighborhood.
(2)
The various types of uses conform to the general requirements as
hereinbefore set forth applicable to projects of such use and character.
(3)
The proposed development shall be adequately provided with and shall
not impose any undue burden on public services and facilities, such
as fire and police protection, street maintenance, water, sanitary
sewer and stormwater drainage and maintenance of public areas.
A.
Recording. Upon final approval of the application and adoption of
a zoning change to the planned unit development district by the Village
Board, the building, site and operational plans for the development,
as approved, as well as all other commitments and contractual agreements
with the Village offered or required with regard to components, project
value, character and other factors pertinent to an assurance that
the proposed development will be carried out basically as presented
in the official submittal plans shall be recorded by the developer
within 10 days in the Outagamie County Register of Deeds' office.
Unless and until all of said plans and documents have been recorded,
no building permit shall be issued for any construction within said
planned unit development district, except as approved by the Village
Board. Detailed construction and engineering plans need not necessarily
be completed at the time the zoning is approved, but the approval
and recording of the above plans shall be conditioned upon the subsequent
submittal and approval of more specific and detailed plans as the
development progresses.
[Amended 6-10-2019 by Ord. No. 3-2019]
B.
Specific implementation plan after approval of zoning. The applicant
shall file with the Plan Commission, through the Zoning Administrator:
(1)
A precise plan of development, except phased developments may submit
such plans in phases as approved by the Village Board.
[Amended 6-10-2019 by Ord. No. 3-2019]
(2)
Proof of financing capability.
(3)
A scale map of the area.
(4)
A final plat of the entire development area showing detailed lot
layout and the intended use of each lot or parcel of land, public
dedications, public and private streets, driveways, walkways and parking
facilities.
(5)
The location and treatment of open space areas and recreational or
other special amenities.
(6)
The arrangement of building groups, other than single-family residences
and all final landscape plans.
(7)
Architectural drawings and sketches illustrating the design and character
of proposed structures.
(8)
Location of all utility installations.
(9)
A development schedule, indicating:
(a)
The approximate date when construction of the project can be
expected to begin;
(b)
The stages in which the project will be built and the approximate
date when construction of each stage can be expected to begin;
(c)
The anticipated rate of development;
(d)
The approximate date when the development of each of the stages
will be completed; and
(e)
The area and location of open space that will be provided at
each stage.
(10)
Agreements, bylaws, provisions or covenants which govern the
organizational structure, use, maintenance and continued protection
of the planned unit development and any of its common services, open
areas or other facilities.
(11)
Any other plans, documents or schedules required by the Plan
Commission or Village Board.
C.
Development contract. Before any building permit shall be issued, the applicant and the owner shall enter into an appropriate contract with the Village to guarantee the implementation of the development according to the terms and conditions established as a part of the specific implementation plan. The Village shall have the right, if deemed appropriate, to require the inclusion of a performance bond satisfactory to the Village Attorney. Such contract shall be recorded by the developer in the County Register of Deeds' office within 10 days after its execution. Any subsequent change of use of any lot or parcel of land or addition or modification of the plans shall first be submitted for approval to the Plan Commission and if, in the opinion of the Plan Commission, such change or modification constitutes a substantial alteration of the original plans, the procedure provided in §§ 525-40 and 525-41 above and in this subsection shall be required before the use is changed or the plans modified. If, in the opinion of the Plan Commission, such change or modification does not constitute a substantial alteration of the original plans and if such change or modification is recommended by the Plan Commission, the change or modification may be made with the approval of the Village Board.
